The prosecution of this case is dismissed.

1. The Defendant, as the representative director of the Co., Ltd. C in Gwangju Mine-gu, is an employer who runs the furniture manufacturing business using 12 full-time workers.

When a worker retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant provided labor from April 11, 2016 to September 8, 2017 at the above workplace.

A retired worker D’s 327,950 won of June 2017, wages of 2,865,590 won of July 2017, and wages of 2,865,590 won of August 2017, and wages of 2,865,590 won of August 2017, and wages of 80,000, total amount of 6,859,130 won of September 2017, did not pay within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, where a worker retires, pay the wages, compensations, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant provided labor from April 11, 2016 to September 8, 2017 at the above workplace.

The retirement allowance of retired workers D was not paid KRW 4,148,897 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Violation of the Labor Standards Act (1) : Article 109(1) and 36(2) of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Violation of the Act on Guarantee of Workers' Retirement Benefits: Article 44 subparag. 1 and 9 of the Act on Guarantee of Workers' Retirement Benefits;

(b) Violation of the Labor Standards Act: Violation of the Act on Guarantee of Workers' Retirement Benefits: proviso to Article 44 of the Act on Guarantee of Workers' Retirement Benefits;

(c)no penalty shall be imposed;